A DUI arrest sets two separate cases in motion, and the one that moves fastest has nothing to do with the courthouse. Your driver’s license is already at risk through a case at the Department of Highway Safety and Motor Vehicles, and you have only 10 days to act. At Brett Metcalf, Criminal Defense Attorneys, P.A., we understand the urgency of fighting a DUI administrative suspension. Our experienced legal team can help you challenge the suspension and work to restore your driving privileges.
Call (813) 981-7005 today for a free consultation.
What the Administrative Suspension Is
When you are arrested for DUI, the officer can suspend your license on the spot through the DHSMV under Florida Statute § 322.2615. This administrative suspension is separate from the criminal DUI charge and follows its own rules and timeline. It happens whether or not you are ever convicted, which is why it can take people by surprise while their attention is on the criminal case.
The length of the suspension depends on what triggered it:
- An unlawful breath or blood alcohol level (.08 or higher) is a 6-month suspension.
- A refusal to submit to testing is a 1-year suspension for a first refusal, and 18 months for a later one.
The 10-Day Deadline to Save Your License
You have only 10 days from the date of arrest to request a formal review hearing that challenges the suspension. This is the single most time-sensitive part of a DUI, and missing it means the suspension takes effect automatically. When you request the hearing in time, the DHSMV issues a temporary permit that generally lets you keep driving until the hearing date. Because the window is so short, this is often the first thing we handle after an arrest.
Hardship Licenses and Hard-Suspension Periods
Even when a suspension stands, you may become eligible for a hardship license that allows driving for work and other necessities. Eligibility does not begin immediately:
- For an unlawful alcohol level, you must serve 30 days of the suspension before you can apply for a hardship license.
- For a first refusal, you must serve 90 days before you are eligible.
The formal review is worth pursuing because winning it can avoid the suspension altogether, rather than leaving you to wait out a hard-suspension period.
Florida DUI Administrative Suspension Penalties
Under Florida law, administrative penalties for DUI-related offenses are strict and increase with prior violations.
First-Offense DUI Suspension
- BAC of 0.08 or higher: 6-month suspension
- Refusal to submit to testing: 1-year suspension
- Temporary driving permit: Valid for 10 days after arrest
Second or Subsequent DUI Suspension
- BAC of 0.08 or higher: 1-year suspension
- Refusal to submit to testing: 18-month suspension
- Limited eligibility for hardship license
Even if your criminal DUI case is dismissed, administrative suspensions remain in effect unless successfully challenged through the Florida Department of Highway Safety and Motor Vehicles (DHSMV).
What Happens at a Formal Review Hearing
Once you request the review, the DHSMV schedules a hearing, generally within 30 days, before a hearing officer. The hearing focuses on a narrow set of questions, such as whether the officer had a lawful basis for the stop and arrest, whether the breath test was properly administered, or whether the implied consent warning was correctly given. We use the hearing to test the State’s paperwork and, when possible, to invalidate the suspension. Even when the suspension is upheld, the hearing often surfaces information that helps the parallel criminal case.
Challenging a DUI Administrative Suspension in Tampa
You have 10 days from the date of your DUI arrest to request an administrative review hearing with the DHSMV. During this hearing, your attorney can present evidence and challenge the validity of the suspension based on the following:
Lack of Probable Cause
If the arresting officer did not have reasonable suspicion or probable cause to stop your vehicle, the suspension could be invalidated.
Improper Testing Procedures
Law enforcement must follow strict guidelines when administering breath, blood, or urine tests. Any procedural errors could result in the dismissal of the suspension.
Violation of Rights
If you were not informed of your rights, including the consequences of refusing a test, your attorney may argue for the suspension to be overturned.
Insufficient Evidence
The prosecution must provide substantial evidence to support the suspension. If the evidence is weak or unreliable, the suspension may be dismissed.
Why Choose Attorney Brett Metcalf
When you hire Metcalf Falls, you work directly with a dedicated Tampa DUI attorney who treats the license case as seriously as the criminal charge. Attorney Brett Metcalf is a former Hillsborough County prosecutor who tried more than 100 cases to verdict, and he knows how the DHSMV and the State Attorney’s Office each build their side. He handles both tracks together so a deadline in one never gets lost while you focus on the other.
FAQs About DUI Administrative License Suspensions in Florida
What happens if I don’t request a hearing within 10 days?
If you do not request a hearing within 10 days, your license will be automatically suspended, and you will lose the opportunity to challenge the suspension.
Can I drive after my license is suspended?
Once your temporary permit expires, driving without a hardship license is illegal and can result in additional charges.
Will my DUI case affect my administrative suspension?
Your DUI criminal case is separate from the administrative suspension. Even if the DUI charges are reduced or dismissed, the suspension remains unless successfully challenged.
How long does the administrative suspension process take?
The formal review hearing must be scheduled within 30 days of your request. A decision is typically issued within seven working days after the hearing.
Can I get my license reinstated after a suspension?
You may apply for reinstatement after completing the suspension period and any required conditions, such as DUI programs or fines.
Is a hardship license guaranteed?
No, hardship licenses are granted based on eligibility and your driving history. Your attorney can help improve your chances of approval.
Can I challenge a suspension if I refused a breath test?
Yes, refusing a breath test carries severe penalties, but there are defenses available, such as lack of probable cause or improper testing procedures.
How can an attorney help with my DUI administrative suspension?
An experienced DUI defense lawyer can challenge the suspension, present evidence on your behalf, and fight for reinstatement or hardship driving privileges.
Contact a Tampa DUI Administrative Suspension Lawyer Today
If you’re facing an administrative license suspension after a DUI arrest in Tampa or Hillsborough County, it’s essential to take immediate action. Our team at Brett Metcalf, Criminal Defense Attorneys, P.A., can guide you through the process and fight to protect your driving privileges.
Call us at (813) 981-7005 today to schedule a free consultation and discuss your legal options.
